Legal Opinion
Dota v. United States
District Court, C.D. California
Decided October 30, 2018No. Case No. 8:17-CV-00354-JLS; Case No. 8:92-CR-00005-JLS-2PublishedCited by 3 opinions
1Opinion of the Court
Josephine L. Staton, United States District Judge
Just over 25 years ago, in December 1992, Petitioner was sentenced to a term of *1356imprisonment of 35 years (420 months), for his taking part in a murder-for-hire conspiracy. A Supreme Court case decided in April 2018 necessitates reexamination of whether Petitioner was sentenced pursuant to an unconstitutionally vague and/or inapplicable provision of federal criminal law. As explained below, this new case law requires invalidation of 60 months of Petitioner's 420-month sentence of imprisonment.
This matter is before the Court on Petitioner's…
2Cases cited18 opinions
- Bousley v. United StatesSupreme Court of the United States · 1998
- Johnson v. United StatesSupreme Court of the United States · 2015
- Massaro v. United StatesSupreme Court of the United States · 2003
- Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
- Sessions v. DimayaSupreme Court of the United States · 2018
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3Cited by3 opinions
- USA V. DAVID LINEHANCourt of Appeals for the Ninth Circuit · 2022
- United States v. Eduardo Rios VelasquezCourt of Appeals for the Sixth Circuit · 2020
- United States v. SmithDistrict Court, District of Columbia · 2022